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OGLETHORPE PARK, INC. v. MAYOR &c. OF SAVANNAH

38049, 38061.

101 Ga. App. 295 (1960)

113 S.E.2d 645

OGLETHORPE PARK, INC. v. MAYOR &c. OF SAVANNAH; and vice versa.

Court of Appeals of Georgia.

Decided March 18, 1960.

Attorney(s) appearing for the Case

Lewis, Wylly & Javetz, John C. Wylly, for plaintiff in error.

Oliver, Davis & Maner, Edwin Maner, Jr., contra.

FELTON, Chief Judge.

1. The court did not err in overruling the motion to dismiss the action. The petition alleged full compliance with the contract by the plaintiff and does not show on its face that the obligation to construct a temporary sewage disposal system was the obligation of the plaintiff.

2. The court did not err in sustaining the demurrer to the defendant's plea of accord and satisfaction. The amended...

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